Electoral Amendment Bill

Commentary

Recommendation

The Justice and Electoral Committee has examined the Electoral Amendment Bill and recommends that it be passed with the amendments shown.

Introduction

The Electoral Amendment Bill seeks to amend the Electoral Act 1993 to rationalise and clarify the law, improve services to voters, and assist with the smooth delivery of elections.

The bill would implement 12 of the 28 recommendations made by the Justice and Electoral Committee’s report on the Inquiry into the 2014 general election.1 Only those changes which can be realistically implemented in time for the 2017 general election have been included. The Government response to the Inquiry noted that the Government will consider the recommendations that require more significant consideration for inclusion in a later bill before the 2020 general election.2

Given that this bill primarily implements relatively straightforward recommendations from the Inquiry, as well as two other minor changes, we decided to condense its timeframes. This will allow those affected to fully understand the amendments before the 2017 general election, and give the Electoral Commission maximum time to implement the changes. We note the comments from submitters who felt that the two-week submission period was too short; however we consider that the timeframe given was sufficient to allow robust consideration of the bill.

This commentary covers the main amendments we recommend to the bill. It does not cover minor or technical amendments.

Clarifying the prohibition relating to interference with advance voting

The bill would prohibit campaigning and displaying campaign material in, or within 10 metres of, advance voting places by providing for “buffer zones” around them. We recommend amending clause 95, new section 197A, to clarify that within these buffer zones, only electoral officials would be prohibited from wearing party lapel badges, and wearing or displaying on a vehicle party-coloured ribbons, streamers, rosettes, or other items of a similar nature. It is important that the provision is clear so that it can fulfil its purpose, which is to ensure that advance voters are not influenced during the voting process.

Parliamentary offence

In the bill as introduced, clause 15 would update the language for section 48, which sets out an offence for a former member of Parliament to sit or vote in Parliament after their seat has become vacant by reason of them becoming a public servant or Returning Officer. We recommend removing this offence because it is a historic provision with limited relevance, and it is unlikely to occur in practice. If it did occur, it would be a matter more appropriately dealt with by the House of Representatives itself.

Broadcasting allocation expense returns

The Broadcasting (Election Programmes and Election Advertising) Amendment Bill would remove the current Broadcasting Act requirement for broadcasters to submit returns of all election programmes broadcast. This requirement existed to provide assurance that the allocation was being used appropriately. However, because that bill would allow the allocation to be used for internet advertising, it would not be practical to extend the existing broadcaster return model to anyone who hosts or could host an online advertisement.

We consider that this bill should include a requirement for parties to file a return of expenses funded from their allocation. This broadcasting allocation return should be in the Electoral Act rather than the Broadcasting Act because it would allow the return to be made in parallel with the returns of other election expenses that parties already file under the Act. We consider that this would minimise any additional burden created by the new requirement.

We therefore recommend the insertion of new sections 206IA and 206LA (clauses 98B and 98C). We also recommend amending section 206N by inserting clause 98D to expand the scope of the offences relating to returns, to include the returns on broadcasting allocations. We consider these new sections will help to ensure transparency and accountability, as well as providing public assurance that the allocation has been used for the permitted types of advertising.

Māori Electoral Option

We note that the bill does not respond to the Inquiry’s recommendation that the Government enable electors of Māori descent to change roll type once each electoral cycle, by providing for the Māori Electoral Option to take place every three years. We consider that implementing this recommendation would increase the ability of Māori to participate meaningfully in the election process.

We received confirmation from the Minister of Justice that the Government would look at this issue for inclusion in a subsequent bill, intended to occur before the 2020 general election. We would like to see this issue progressed in time for the 2020 election.

Appendix

Committee process

The Electoral Amendment Bill was referred to the committee on 11 October 2016. The closing date for submissions was 27 October 2016. We received and considered four submissions from interested groups and individuals. We heard oral evidence from one submitter.

We received advice from the Ministry of Justice and the Parliamentary Counsel Office.

Committee membership

Jacqui Dean (Chairperson)

Jacinda Ardern

Chris Bishop

Marama Fox

Denis O’Rourke

Maureen Pugh

Jono Naylor

Metiria Turei

Hon Louise Upston

Louisa Wall

Key to symbols used

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4 Section 3 amended (Interpretation)

party secretary or secretary, in relation to a party, means the person who is responsible for the administration and correspondence of the party and who has been (or is required to be) designated under any of the following provisions as secretary of the party for the purposes of this Act:

(a)

(b)

In section 38(2), replace “shall include the office of each Registrar of Electors” with “must include the offices of the Electoral Commission”.

(2)

Replace section 38(4) with:

(4)

If any objections are received under subsection (1)﻿(b), the Commission must publish,—

(a)

on an Internet site administered by the Electoral Commission,—

(i)

the objections received; and

(ii)

an explanation of the process and deadline for making counter-objections; and

(b)

in the Gazette, a notice—

(i)

stating the address of the Internet site on which the objections and the counter-objection process are published; and

(ii)

stating the last date on which the Commission will receive any written counter-objections to any of those objections (which must not be less than 2 weeks after the date of publication of the notice in the Gazette).

(4A)

The Electoral Commission must facilitate the publication required under subsection (4)﻿(a).

10 Section 39 amended (Communications to officials)

In section 39(1), replace “shall include the office of each Registrar of Electors” with “must include the offices of the Electoral Commission”.

11 Section 40 amended (Report of Commission)

In section 40(1)﻿(b)﻿(iii), replace “shall include the office of each Registrar of Electors” with “must include the offices of the Electoral Commission”.

12 Section 42 amended (Indexes of streets and places)

In section 42(2), replace “office of each Registrar” with “offices of the Electoral Commission”.

13 Section 45 amended (Maori representation)

In section 45(9)﻿(b)﻿(iii), replace “shall include the office of each Registrar of Electors” with “must include the offices of the Electoral Commission”.

14 Section 47A amended (Certain persons disqualified from candidacy)

After section 47A(c), insert:

(d)

a Registrar of Electors:

(e)

a Deputy Registrar of Electors.

15Section 48 replaced (Offence for public servant or Returning Officer to sit)

Replace section 48 with:

48Offence for public servant, Returning Officer, or Registrar to sit or vote

(1)

A person commits an offence if the person—

(a)

sits or votes in Parliament after the person’s seat as a member of Parliament becomes vacant by reason of the person becoming a public servant, or being appointed as a Returning Officer, a Registrar of Electors, or a Deputy Registrar of Electors; and

(b)

knows that his or her seat has become vacant.

(2)

A person who commits an offence under subsection (1) is liable on conviction to a fine not exceeding $400.

15Section 48 repealed (Offence for public servant or Returning Officer to sit)

Repeal section 48.

16 Section 55 amended (How vacancies created)

In section 55(1)﻿(ea), replace “a Returning Officer” with “a Returning Officer, a Registrar of Electors, or a Deputy Registrar of Electors”.

17 New section 67AA inserted (Vacancies in position of party secretary)

After section 67, insert:

67AA Vacancies in position of party secretary

(1)

If, in a political party registered under this Act, a vacancy occurs in the position of party secretary, the remaining office holders of the party must ensure that, within 5 working days of the vacancy occurring,—

(a)

a new secretary is appointed; or

(b)

a person is appointed to act in the position of secretary until a new secretary can be appointed.

(2)

A person appointed under subsection (1)﻿(a) or (b) must immediately notify the Electoral Commission of that person’s appointment.

18 Section 70 amended (Cancellation of registration)

(1)

After section 70(2A), insert:

(2B)

The Electoral Commission may cancel the registration of a political party if satisfied that the party has failed to comply with section 67AA.

(b)

21 Section 80 amended (Disqualifications for registration)

Replace section 80(2) with:

(2)

The Registrar of the court in which a compulsory treatment order or any order under section 24 or 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 is made or in which any person is convicted of a corrupt practice must, not later than the fifth day of the month following the date of the order or conviction, forward to the Electoral Commission a certificate showing—

(a)

the name, date of birth, place of abode, and description of the patient or offender; and

87 Procedure if immigration status means applicant apparently not qualified to be registered

(1)

This section applies if, as a result of a comparison carried out under section 263A, the Electoral Commission believes that a person who has applied to be (but is not yet) registered as an elector of an electoral district is—

(a)

unlawfully in New Zealand; or

(b)

lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type.

(2)

If this section applies, the Electoral Commission must comply with subsections (3) to (5) before determining whether the applicant is qualified to be registered.

(3)

The Electoral Commission must, as soon as practicable, deliver to the applicant (personally or by post) a written notice that specifies—

(a)

that it believes that the person is—

(i)

unlawfully in New Zealand; or

(ii)

lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type; and

(b)

that it may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to it by or on behalf of the applicant within 10 working days after the applicant receives the notice.

(4)

If the Electoral Commission receives no response within the time required, it must, as soon as practicable, deliver to the applicant (personally or by post) a further written notice that specifies—

(a)

the advice that it received under section 263A(5) in respect of the applicant; and

(b)

the date on which the initial notice was delivered to the applicant; and

(c)

that it may determine that the applicant’s immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to it by or on behalf of the applicant within 10 working days after the applicant receives the further notice.

(5)

The Electoral Commission may determine whether the applicant is qualified to be registered if—

(a)

it has not received any response within the time specified in subsection (4)﻿(c); or

(b)

it has considered any response that was received within that time.

(6)

If the Electoral Commission determines that the applicant is not qualified to be registered, it must deliver to the applicant (personally or by post) a written notice of the determination.

(7)

For the purposes of this section, a notice sent to the applicant by post—

(a)

is, in the absence of proof to the contrary, to be treated as having been delivered to and received by the applicant by post on the fourth working day after the date on which it is sent by post; and

(b)

is to be treated as sent by post to the applicant on a particular day if it is proved to have been—

(i)

properly addressed to the applicant; and

(ii)

submitted on that day to a person registered as a postal operator under the Postal Services Act 1998 for posting.

26 Section 88 replaced (Applications received after issue of writ)

Replace section 88 with:

88 Applications received after issue of writ

(1)

If a writ has been issued requiring the conduct of an election in a district, then, subject to subsections (2) and (3), the Electoral Commission may not, at any time in the period beginning on polling day and ending with the day of the return of the writ, register any application for registration as an elector that the Electoral Commission receives on or after polling day.

(2)

For the purposes of subsection (1), an application for registration is to be treated as having been received before polling day if—

(a)

the application or the envelope in which it is contained bears a postmark or date stamp impressed before polling day at a place that the Electoral Commission has designated; or

(b)

the applicant for registration produces a receipt that—

(i)

relates to the application; and

(ii)

was issued before polling day at a place that the Electoral Commission has designated; and

(iii)

was lodged at a polling place or with an electoral officer issuing special votes.

(3)

If a person applies for registration after the issue of a writ requiring the conduct of an election in a district and before polling day,—

(a)

the Electoral Commission must, if satisfied that the person is qualified to be registered, enter the name of the person on the electoral roll; and

(b)

the Electoral Commission is not required to enter the name of the person on the main roll or any supplementary roll or composite roll used at that election; and

If the Electoral Commission believes that a Māori applicant is prevented, by the manner in which the applicant last exercised the option given by section 76, from being registered as an elector of the district to which the application relates, the Electoral Commission must notify the applicant of its reasons for refusing the application.

(4)

In section 89(3),—

(a)

replace “Registrar to” with “Electoral Commission to”; and

(b)

replace “Registrar shall” with “Electoral Commission must”.

(5)

In section 89(4),—

(a)

replace “Registrar has” with “Electoral Commission has”; and

(b)

replace “Registrar shall” with “Electoral Commission must”.

28 Section 89A amended (Notice of registration)

In section 89A, replace “Registrar” with “Electoral Commission”.

29 Section 89B amended (Elector must give notice of change of place of residence within electoral district)

(1)

In section 89B(3)﻿(a), replace “Registrar for the electoral district in which the elector resides” with “Electoral Commission”.

If, following an inquiry under section 89D, the Electoral Commission receives notice under section 89D(5)﻿(b) that an elector has changed his or her place of residence and now resides in another electoral district, the Electoral Commission—

(a)

must, in accordance with section 98(1)﻿(a), remove the elector’s name from the roll for the district in which the elector previously resided; and

(b)

must, in accordance with section 89, register that elector on the roll for the district in which the elector resides.

(2)

In section 89F(2) and (3), replace “Registrar” with “Electoral Commission” in each place.

34 Section 89G amended (Elector who cannot be contacted to be included in dormant roll)

(b)

In section 95A(3)﻿(a) to (c), replace “Registrar” with “Electoral Commission” in each place.

(4)

Replace section 95A(4) with:

(4)

If, after making the inquiries it thinks fit, the Electoral Commission is unable to serve the notice of objection on a person personally after making at least 2 attempts, the Electoral Commission must—

(c)

(d)

41 Section 96 replaced (Registrar’s objection)

Replace section 96 with:

96 Electoral Commission’s objection

(1)

The Electoral Commission may at any time object to the name of any person being on the roll for a district on the ground that the person is not qualified to be registered as an elector of the district.

(2)

If the Electoral Commission objects, it must give notice in writing of the objection to—

(a)

the person objected to; or

(b)

the welfare guardian appointed for the person objected to under section 12(1) of the Protection of Personal and Property Rights Act 1988; or

(c)

the attorney appointed by the person objected to under an enduring power of attorney.

(b)

a representative of the person objected to.

(3)

The notice must—

(a)

inform the person objected to—

(i)

of the grounds for the objection; and

(ii)

of the reasons supporting the grounds for objection; and

(iii)

that the person may forward to the Electoral Commission a statement signed by the person giving reasons why the person’s name should be retained on the roll; and

(iv)

that the person’s name will be retained on the roll if the person provides the Electoral Commission with evidence that satisfies the Electoral Commission that the person’s name should be retained on the roll; and

(v)

that, if the person fails to forward a statement to the Electoral Commission within 14 days after the date on which the notice is served on the person, the Electoral Commission will remove the person’s name from the roll under section 95B; and

(b)

be served personally in accordance with the rules governing personal service contained in the District Courts Rules 2014.

(4)

If the Electoral Commission is unable, after making any inquires inquiries it thinks fit, to serve notice of objection on the person objected to personally, after making at least 2 attempts, the Electoral Commission must—

(a)

remove the person’s name from the roll; and

(b)

include the person’s name in the dormant roll maintained under section 109.

(5)

Nothing in this section affects any other provision of this Act that relates to the removal of names from the roll by the Electoral Commission.

42 Section 97 amended (Procedure on reference of application or objection to District Court)

(1)

In section 97(2),—

(a)

replace “Registrar of Electors” with “Electoral Commission”; and

(b)

replace “by him or her” with “by it or him or her”.

(2)

In section 97(3A), replace “the Registrar” with “a Registrar of the court”.

46 Section 101 amended (Electoral rolls)

47 Section 102 replaced (Maintenance of rolls being replaced)

Replace section 102 with:

102 Maintenance of rolls being replaced

(1)

If the Electoral Commission has compiled the lists referred to in section 101(1)﻿(b), it is not obliged to keep the rolls up to date for the districts that were in existence immediately before the gazetting, under section 40(1)﻿(b) or 45(9)﻿(b), of the notice that immediately preceded the compilation of those lists.

(2)

Despite subsection (1), the Electoral Commission must ensure that it has available to it, until the roll for a district ceases to be in force, all information (which may include or consist of photocopies of original documents) necessary to enable it to bring the roll up to date in the event of a by-election in that district.

(3)

If a by-election is to take place in a district to which subsection (1) applies, the Electoral Commission must ensure that an up-to-date composite roll for the district is closed and printed as at writ day for the by-election.

48 Section 103 replaced (Rolls where Parliament dissolved after change of boundaries and before new rolls completed)

Replace section 103 with:

103 Rolls where Parliament dissolved after change of boundaries and before new rolls completed

(1)

If a Parliament is dissolved in the period between the gazetting of a notice under section 40(1)﻿(b) or 45(9)﻿(b) and the completion of the compilation of the rolls under section 101, the Electoral Commission must comply with section 101(1)﻿(a) and (b).

(a)

(b)

(a)

keep every electoral roll to which subsection (2) applies up to date by making all the additions, alterations, and deletions that become necessary; and

(b)

incorporate the additions, alterations, and deletions made to an electoral roll into the electoral roll that supersedes it.

49 Section 104 amended (Main roll to be printed)

Replace section 104(1) with:

(1)

The Electoral Commission must, at least once in each year, print a main roll for each district that contains a list of all persons whose names are lawfully on the electoral roll for the relevant district on a date to be fixed for the closing of the main rolls.

50 Section 105 replaced (Supplementary rolls to be printed)

Replace section 105 with:

105 Supplementary rolls to be printed

(1)

The Electoral Commission must, from time to time, print a supplementary roll for a district that contains a list of all persons whose names do not appear on the main roll or any existing supplementary roll for the district but are lawfully on the electoral roll for the district on a date to be fixed for the closing of that supplementary roll by the Electoral Commission.

(2)

However, a supplementary roll must be printed as soon as practicable after the issue of a writ for an election in the relevant district, and the date for the closing of that roll is writ day.

(3)

Every supplementary roll printed for a district under this section is a supplementary roll for the district until a new main roll is printed for the district.

51 Section 106 amended (Form of main roll and supplementary rolls)

In section 106(5), replace “Registrar” with “Electoral Commission”.

52 Section 107 amended (Composite rolls)

(1)

In section 107(1), replace “Registrar of Electors for any district may from time to time cause to be printed a composite roll for the district” with “Electoral Commission may, from time to time, print a composite roll for each district”.

(2)

In section 107(2), replace “Registrar of Electors for that district shall cause a composite roll for that district” with “Electoral Commission must cause a composite roll for the district”.

(3)

In section 107(3), replace “Registrar of Electors” with “Electoral Commission”.

53 Section 109 amended (Dormant roll)

(1)

Replace section 109(1) with:

(1)

The Electoral Commission must maintain a dormant roll that shows for each district the particulars of those persons whose names have been removed from the roll for the relevant district—

(a)

under section 89G; or

(b)

as a result of the removal of the name of that person from the roll under section 95A(4) or 96(5).

If land in a General electoral district is included within the boundaries of a Maori electoral district, a copy of the most recent computer-compiled list printed under section 109(5) for the Maori electoral district must be kept open for inspection by the public at the offices of the Electoral Commission for those districts.

61 Section 123 amended (Copies of rolls for Returning Officer)

In section 123(1)﻿(a), delete “and certified correct by the Registrar”.

(3)

Replace section 123(2) with:

(2)

Despite section 106, the Electoral Commission may modify the form of any rolls supplied under this section, and the elector particulars on those rolls, if that is necessary to facilitate the use of technology for finding an elector on the roll or for the scrutiny of the rolls under this Act.

62 Section 124 amended (Power to destroy records)

In section 124(1), (2), and (4), replace “Registrar” with “Electoral Commission” in each place.

63 Section 127 amended (Election of list candidates)

(1)

Replace section 127(2) with:

(2)

The list must—

(a)

list candidates in order of the party’s preference, commencing with the first in order of preference and ending with the last; and

(b)

set out the contact details of each candidate; and

(c)

contain a declaration made by the secretary, in the manner provided by section 9 of the Oaths and Declarations Act 1957, that states—

(i)

that each candidate is qualified to be a candidate and to be elected; and

(ii)

whether the party is a party in respect of which there are 1 or more component parties; and

(iii)

if the party has 1 or more component parties, the name of each component party; and

(d)

be in a form that the Electoral Commission has approved.

(2)

In section 127(3), delete “, and the declaration required by subsection (3A),”.

(3)

In section 127(3)﻿(a), replace “the date specified in the writ for the election of constituency candidates as the latest date for the nomination of constituency candidates” with “the day before nomination day”.

(b)

After the close of nominations in any district, the Returning Officer must, as soon as practicable, forward to the Electoral Commission at Wellington the names of the constituency candidates who have been nominated under section 143 and who have not withdrawn their nominations.

(2)

In section 147(2)﻿(b), delete “section 143(3A) or”.

(3)

Replace section 147(3) to (5) with:

(3)

The Electoral Commission—

(a)

must publish the nomination and polling place information on an Internet site administered by the Electoral Commission; and

(b)

may also, by any other means it considers appropriate, provide registered electors for the district with the nomination and polling place information.

(4)

In this section, the nomination and polling place information, in relation to a district, means—

(a)

the names of constituency candidates contesting the district and their party affiliations (if any); and

(b)

the name of each political party that submitted a list in accordance with section 127 and, under the name of each political party, the names of the political party’s list candidates in the political party’s order of preference (up to a maximum of 65 candidates); and

(c)

the polling places for the district; and

(d)

the polling places in the district that have suitable access for persons who are physically disabled.

74 Section 150 amended (Form of ballot papers)

In section 150(13)﻿(b), delete “to the Returning Officer in accordance with subsections (3A) and (4) of section 143 or”.

75 Section 151 amended (Name of political party for constituency candidates)

In section 151(2), replace “Where” with “Subject to the concurrence of the Electoral Commission, where”.

76 Section 157 amended (Materials for polling places)

(1)

In section 157(1)﻿(d), after “copies”, insert “(in printed or electronic form and as supplied under section 123)”.

(2)

In section 157(2)﻿(b), replace “sent to electors under section 147(5)” with “published under section 147(3)﻿(a)”.

77 Section 159 amended (Exercise of powers and duties of polling place officials)

Replace section 159(3) with:

(3)

Every polling place official must, before being allowed to act, declare that he or she will comply with section 203.

(3A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

78 Section 160 amended (Scrutineers)

Replace section 160(4) with:

(4)

Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

(4A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

79 Section 167 amended (Issue of ordinary ballot papers)

In section 167(3)﻿(a), after “rolls”, insert “(either manually or by electronic means)”.

80 Section 172 amended (Voting by special voters)

(1)

Replace section 172(4) with:

(4)

Each constituency candidate may, in writing, appoint 1 or more scrutineers to be present at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.

(2)

Replace section 172(5) with:

(5)

Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

(5A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

(3)

Replace section 172(6) with:

(6)

If a constituency candidate appoints more than 1 scrutineer under subsection (4), not more than 1 scrutineer for that candidate may be present at any time at the office of the Electoral Commission when the Commission is performing its duties in relation to special vote declarations for the district.

81 Section 174C amended (Preliminary count of early votes)

(1)

In section 174C(2), after “conduct”, insert “(either manually or by electronic means)”.

(2)

Replace section 174C(5)﻿(a) with:

(a)

if an electoral district meets the conditions stated in section 174D(2), at a time (not earlier than 9 am on polling day) determined by the Electoral Commission; or

(3)

In section 174C(5)﻿(b), replace “do not apply” with “are not met”.

(4)

After section 174C(5), insert:

(5A)

The Returning Officer must give notice in writing to each of the constituency candidates or their scrutineers of the time and place at which the preliminary count of early votes will commence.

82 Section 174D amended (Conditions for counting early votes before close of poll)

(1)

In section 174D(1), replace “area, in the office of the Returning Officer,” with “area”.

Every scrutineer must, before being allowed to act, declare that he or she will comply with section 203.

(4A)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

90 Section 187 amended (Disposal of ballot papers, rolls, etc)

(1)

Replace section 187(3) with:

(3)

The Electoral Commission must attach to the master roll for each district a list that—

(a)

sets out the names and addresses of all special voters whose names were not on the printed roll (other than those whose names were not on that roll by virtue of section 115); and

(b)

indicates the special voters whose votes have been disallowed.

(2)

In section 187(4), replace “Registrar of Electors” with “Electoral Commission”.

(3)

Replace section 187(5) with:

(5)

Any registered elector of the district may inspect any master roll for the district, and the attached list, at the office of the Electoral Commission for the district, without payment of any fee, at any time when the office is open for the transaction of business.

91 Section 188 amended (Annotation of list of special voters)

(1)

In section 188(1),—

(a)

replace “Returning Officer” with “Electoral Commission” in each place; and

(b)

replace “he or she” with “the Returning Officer”.

(2)

Replace section 188(3) and (4) with:

(3)

The annotated list must be held by the Electoral Commission, and any registered elector of the district may inspect the annotated list at the office of the Electoral Commission for the district, without payment of any fee, at any time when the office is open for the transaction of business.

92 Section 191 amended (Election of other members)

In section 191(3), replace “prescribed in form 15” with “specified in a form that the Electoral Commission has approved”.

93 Section 195 amended (Adjournment of poll)

In section 195(1), replace “Where” with “Subject to the concurrence of the Electoral Commission, where”.

94 Section 197 amended (Interfering with or influencing voters)

(1)

In section 197(1)﻿(g), after “New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party”, insert “or a member of Parliament’s out-of-Parliament office”.

(2)

After section 197(1)﻿(j), insert:

(k)

in respect of an advance voting place or a buffer zone, as defined in section 197A(7), does any of the things prohibited in that section.

(3)

After section 197(2A), insert:

(2B)

It is a defence to a prosecution for an offence against subsection (1)﻿(k) that relates to the exhibition of a statement, name, emblem, slogan, or logo in an advance voting place or a buffer zone if the defendant proves that—

(a)

the exhibition was inadvertent; and

(b)

the defendant caused the exhibition to cease as soon as the defendant was notified by the Electoral Commission or a manager of the advance voting place that the exhibition was taking place.

197A Interfering with or influencing advance voters

A person must not do any of the things listed in subsection (2) in an advance voting place or in a buffer zone for that advance voting place while the advance voting place is open for voting.

(2)

The things are as follows:A person must not—

(a)

to hold or take part in a demonstration or procession having direct or indirect reference to the poll:; or

(b)

to make a statement that contains a direct or indirect reference to the poll by means of a loudspeaker, public address apparatus, cinematograph, or television apparatus:; or

(c)

to exhibit, publish, distribute, or broadcast—

(i)

a statement advising or intended or likely to influence an elector as to the candidate or party for whom the elector should or should not vote; or

(ii)

a statement advising or intended or likely to influence an elector to abstain from voting; or

(iii)

a party name, emblem, slogan, or logo; or

(iv)

any ribbons, streamers, rosettes, or items of a similar nature in party colours, except for—.

(A)

any of those items worn or displayed by a person, not being an electoral official; and

(B)

any of those items worn or displayed on a vehicle; and

(C)

a party lapel badge worn by a person, not being an electoral official.

(2A)

Despite subsections (1) and (2), a person may do the things allowed by subsections (3) to (4B) in an advance voting place or in a buffer zone for that advance voting place while the advance voting place is open for voting.

(3)

A person is not prohibited from making may make a statement described in subsection (2)﻿(b) if the statement is a publication or by radio or television broadcast made by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989 of—

(a)

an advertisement placed by the Electoral Commission; or

(b)

a non-partisan advertisement broadcast, as a community service, by a broadcaster within the meaning of section 2 of the Broadcasting Act 1989; or

(c)

news that relates to an election.

(4)

A person is not prohibited from exhibiting may exhibit a statement, party name, emblem, slogan, or logo described in subsection (2)﻿(c) if—

(a)

the statement or thing does not relate specifically to the election campaign; and

(b)

before the advance voting place is first opened, the statement or thing is exhibited in a fixed position and in relation to the New Zealand or regional or campaign headquarters (not being mobile headquarters) of a political party.

(4A)

A person may wear, or display on a vehicle, ribbons, streamers, rosettes, or other items of a similar nature in party colours if the person is not an electoral official.

(4B)

A person may wear a party lapel badge if the person is not an electoral official.

(5)

Nothing in this section applies to an official statement or announcement made or exhibited under the authority of this Act.

(6)

The Electoral Commission may, at any time during the period when an advance voting place is maintained, cause to be removed or obliterated from the advance voting place or the buffer zone statements or things referred to in section 198(1)﻿(a) to (c), subject to section 198(2) and (3).

(7)

In this section,—

advance voting place means an office for advance special voters maintained by the Electoral Commission under regulations made under this Act, but does not include other facilities for special voting (for example, special voting facilities at a hospital)

buffer zone means the area within 10 metres of any entrance, or any smaller buffer zone specified by the Electoral Commission for a particular advance voting place

entrance means an entrance, used by voters, to the area of the advance voting place where voting papers are being issued, and the Electoral Commission may specify an entrance for a particular advance voting place.

96 Section 199 amended (Recovery of expenses)

In section 199, replace “Returning Officer in carrying out the power conferred by section 198(1) may be recovered by the Returning Officer” with “Electoral Commission in exercising the powers conferred by sections 197A(6) and 198(1) may be recovered by the Electoral Commission”.

98ASection 206 amended (Interpretation)

allocation, in relation to a party, means an allocation of money made to the party under section 79 of the Broadcasting Act 1989

98BNew section 206IA inserted (Return of party’s allocation expenses)

After section 206I, insert:

206IAReturn of party’s allocation expenses

(1)

Within 90 days after polling day for a general election, a party secretary must file with the Electoral Commission a return of expenses incurred by the party that have been funded from the party’s allocation.

(2)

The return must be in a form approved by the Electoral Commission and include details of—

(a)

the amount of the party’s allocation; and

(b)

all accounts sent by the party to the Electoral Commission under section 80B(1) of the Broadcasting Act 1989 in respect of the expenditure of the party’s allocation.

(3)

The return must be accompanied by an auditor’s report obtained under section 206LA.

Subsection (6) applies in respect of a person if the result of a comparison carried out under subsection (4) indicates that the person has applied to be (but is not yet) registered as an elector, or is on the electoral roll, and is—

(a)

a person who the chief executive of the responsible department believes is unlawfully in New Zealand; or

(b)

a person who is lawfully in New Zealand, but only by virtue of being the holder of a temporary entry class visa of whatever type.

(6)

If this subsection applies in respect of a person, the Electoral Commission must,—

(a)

if the person has applied to be (but is not yet) registered as an elector for the district, follow the procedure specified in section 87; or

(b)

if the person is registered as an elector for the district and the name of the person is on the roll for the district, object under section 96 to the name of that person being on the roll for the district.

105 New Schedule 1AA inserted

Insert the Schedule 1AA set out in Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act.

105ASchedule 1AA amended

In Schedule 1AA, after clause 1, insert:

2Notice of change of place of residence given but not dealt with

An applicant who gives notice under section 89C(2) before the commencement of this clause and whose notice has not, by the close of the day before the commencement of this clause, been dealt with under section 89C(5), (6), or (13), is for the purposes of section 89(1) an applicant for registration as an elector.

106 Schedule 2 amended

Repeal forms 1, 4, 4A, 10, 14, and 15.

Part 2 Amendments to other enactments

107 Amendments to other enactments

Amend the enactments specified in Schedule 2 as set out in that schedule.

Schedule 1 New Schedule 1AA inserted

s 105

Schedule 1AA Transitional, savings, and related provisions

s 3AA

Part 1 Provisions relating to Electoral Amendment Act 2016

1 Appointment of Registrar or Deputy Registrar

Any appointment of a Registrar or Deputy Registrar made before the commencement of this clause continues but may be revoked as if it had been made under section 22 (as replaced by section 7 of the Electoral Amendment Act 2016).

2Notice of change of place of residence given but not dealt with

An applicant who gives notice under section 89C(2) before the commencement of this clause and whose notice has not, by the close of the day before the commencement of this clause, been dealt with under section 89C(5), (6), or (13) is for the purposes of section 89(1) an applicant for registration as an elector.

Schedule 2 Amendments to other enactments

s 107

Part 1Amendments to Acts

Citizens Initiated Referenda Act 1993 (1993 No 101)

In section 27(2)﻿(a), replace “Registrar of the electoral district in respect of which the person became registered” with “Electoral Commission”.

In section 27(3)﻿(a), replace “Registrar shall, if the registrar” with “Electoral Commission must, if the Electoral Commission”.

In section 27(3)﻿(b), replace “Registrar shall not be” with “Electoral Commission is not”.

In section 36(1), replace “form 1 of Schedule 2 of the Electoral Act 1993 (which form shall be used with all necessary modifications)” with “a form that the Electoral Commission has approved”.

Replace section 36(2)﻿(a) with:

(a)

may be present at the office of the Electoral Commission for the district when the Electoral Commission is performing its duties under section 172 of the Electoral Act 1993 (as applied by this Act) in relation to declarations in respect of special votes for the district, but not more than 1 such scrutineer per answer may be present at any time; and

In section 50(b), replace “Registrar of Electors” with “Electoral Commission”.

(b)

(a)

examine each declaration for a special vote (not being a special vote that is disallowed because it has been received late) for the purpose of determining whether the person is qualified to vote; and

(b)

ensure that the following words, as the case requires, are shown on the declaration:

(i)

“Qualified”:

(ii)

“Not Qualified”:

(iii)

“Party Vote Qualified”.

36 Duties of Electoral Commission

(1)

When examining a declaration, the Electoral Commission must determine whether the name stated in the declaration is that of a person—

(a)

who is qualified to vote under section 60 of the Act; or

(b)

whose party vote may not be disallowed under section 178(5A) of the Act.

(2)

Without limiting any other steps that the Electoral Commission may take or the information it may use when making its determination, the Electoral Commission—

(a)

must ascertain whether the name stated in the declaration appears on the roll for the district:

(b)

must take into account, and may accept as sufficient evidence that the name stated in the declaration is that of a person qualified to vote, any endorsement made, under regulation 21(6), on the declaration:

(c)

must, where section 60(b) of the Act may be applicable, check the applications for registration received by the Electoral Commission after writ day and before polling day:

(d)

must, where section 60(c) of the Act may be applicable, ascertain whether the name stated in the declaration is that of a person who, at the time of the last election, was registered as an elector of the district, or, where a change of boundaries has intervened, of some other district in which the person’s place of residence was then situated:

(e)

must, where section 60(d) of the Act may be applicable, ascertain whether the name stated in the declaration appears on a dormant roll for the district as it existed on the day before polling day:

(f)

must, where section 60(e) of the Act may be applicable, ascertain whether a resident or former resident of Campbell Island or Raoul Island has made the declaration:

(g)

must, where section 178(5A) of the Act may be applicable, ascertain whether the name stated in the declaration appears on the roll for any district.

(ii)

Every Overseas Returning Officer and Overseas Issuing Officer must, before entering into the duties of office, declare that he or she will comply with section 203.

(2)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

In regulation 45(2)﻿(a), replace “shall be in form 20” with “must be in a form that the Electoral Commission has approved”.

In regulation 45(2)﻿(b), replace “shall be in form 21” with “must be in a form that the Electoral Commission has approved”.

In regulation 50(2), replace “is in form 20 the Returning Officer shall not forward the declaration to the Registrar of Electors but shall, forthwith” with “is made by a member of the New Zealand Defence Force applying to vote as a special voter the Returning Officer must,”.

Replace regulation 54(2) with:

(2)

Every Issuing Officer must, before entering into the duties of office, declare that he or she will comply with section 203.

(3)

The declaration must—

(a)

be in a form that the Electoral Commission has approved; and

(b)

be witnessed as specified in the form.

Replace regulation 55(1)﻿(c) with:

(c)

declarations in a form that the Electoral Commission has approved for use by—

(i)

a member of the New Zealand Defence Force applying to vote as a special voter:

(ii)

a special voter who is overseas or on a fishing vessel:

(iii)

a resident or former resident of Campbell Island or Raoul Island; and

Replace regulation 55(2)﻿(b) with:

(b)

declarations in a form that the Electoral Commission has approved for use by—

(i)

a member of the New Zealand Defence Force applying to vote as a special voter:

(ii)

a special voter who is overseas or on a fishing vessel:

(iii)

a resident or former resident of Campbell Island or Raoul Island; and

In regulation 56(3), replace “in form 22” with “in a form that the Electoral Commission has approved”.

In regulation 59(2), replace “in form 22” with “in a form that the Electoral Commission has approved”.

In regulation 61(1), replace “in form 22” with “in a form that the Electoral Commission has approved”.

In regulation 61(2)﻿(b), replace “in form 22” with “in a form that the Electoral Commission has approved”.

In Schedule 1, revoke forms 1, 4, 6, 7, 17, 18, 19, 20, 21, and 22.

Local Electoral Regulations 2001 (SR 2001/145)

In regulation 14, replace “on the “Application for registration as a parliamentary elector” form, which is form 1 of Schedule 1 of the Electoral Regulations 1996 (SR 1996/93)” with “in a form that the Electoral Commission has approved”.